Mihkel Wilding
Clayton Utz
Partner
Sydney
Mihkel strikes us as a rising star in the competition and regulatory area. Mihkel is an incredibly astute lawyer and collaborates with our organisation seamlessly on some of the most complex issues and high profile projects and M&A deals.
– The Legal 500 Asia-Pacific
Overview
Mihkel advises listed and non-listed entities on both behavioural and transactional antitrust matters. He works regularly with international firms in the UK, EU and US. He is sought after as counsel on investigations and enforcement, merger clearance, and competition litigation. Clients benefit from Mihkel's relationship-based approach and his commercial and strategic nous when engaging with regulators such as the ACCC and ACMA.
Notable Work
- Brickworks Limited: acting for Brickworks Limited and its subsidiary Austral WA in private antitrust litigation commenced against BGC Australia, alleging BGC unlawfully acquired the WA Midland brick and masonry business despite ACCC informal merger clearance and that BGC's pricing practices over several years were predatory in contravention of the misuse of market power (abuse) prohibition in the Competition and Consumer Act 2010 (Cth).
- Nuance Communications: acted for Nuance Communications, Inc. on merger clearance matters relating to its US$19.7bn sale of its AI and automated speech recognition business to Microsoft.
- Cinven: acted for Cinven to displace the trade purchaser which had been announced as the acquirer of the chemical admixtures and construction chemicals divestiture assets which were the remedy offered by Sika to complete its EUR5.3bn acquisition of MBCC.
- Arthur J. Gallagher: advised Arthur J. Gallagher & Co on its proposed acquisition of certain Australian assets as part of the remedies package offered by Aon/Willis Towers to obtain global merger approvals.
- Ikea: acting on environmental and sustainability initiatives.
- Indara: acting for Indara in ADJR proceedings of an ACMA decision in the Federal Court.
- Flutter Entertainment: obtained ACCC informal merger clearance for Flutter Entertainment's acquisition of BetEasy (now Sportsbet).
- Tatts Group Limited: acted successfully for Tatts Group Limited to obtain merger authorisation from the Australian Competition Tribunal (via the Federal Court of Australia) for Tabcorp Limited's $11 billion acquisition of Tatts Group Limited.
- Medicines Australia: acted for Medicines Australia, Australia's peak originator pharmaceutical body, to obtain successive ACCC authorisations to permit members to co-on potential supply shortages arising from COVID-19.
- humm: acted for flexigroup (now humm) to successfully oppose the ACCC's determination to authorise an industry code in the new energy technology and finance sectors, in review proceedings in the Australian Competition Tribunal.
- Woolworths Limited: acted successfully for Woolworths to obtain ACCC informal merger clearance of: (i) its alliance with Caltex and subsequent sale $1.7bn of its petrol business to EG Group, and (ii) its entry into food services by its acquisition of a 65% interest PFD Food Services Pty Limited.
- Optus: acted for SingTel Optus and won two ACL false or misleading conduct cases against Telstra (Empires End/P3; Unlimited).
- Nexans SA: acted for Nexans SA, one of world's top energy, communications and cable companies, in successful defence of an ACCC cartel enforcement action.
Insights
Merger control Bill improves some elements of exposure draft, but concerns for business remain
10 Oct 2024 | Article
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Consultation begins on new mandatory ACCC merger notification thresholds
2 Sep 2024 | Article
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Media Release: Clayton Utz advising Nippon Steel Corporation on its acquisition of a stake in the Blackwater Mine
29 Aug 2024 | Media Release
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Competition law “not an immovable obstacle” in the move toward a sustainable economy
24 Jul 2024 | Article
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Government releases exposure draft legislation on merger reforms, with impact on future acquisition strategy
24 Jul 2024 | Article
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Faster, stronger and simpler? Ambitious changes to Australia's merger control regime announced by Treasury
10 Apr 2024 | Article
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Reforms to the Food & Grocery Code may aim to reduce cost of living: call for submissions
16 Feb 2024 | Article
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ACCC's greenwashing deterrents: eight steps to ensure your hands stay clean
19 Dec 2023 | Article
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Treasury publishes consultation paper on proposed merger reforms
22 Nov 2023 | Article
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Fair warning: Federal Government consults on proposed law to ban "unfair trading practices"
7 Sep 2023 | Article
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Widening the net: ACCC's ambitious merger clearance threshold proposal
24 Jul 2023 | Article
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Buy Now, Pay Later to be regulated in Australia – plan now for the upcoming changes
23 May 2023 | Article
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Merger reform, unfair trading laws, and anticompetitive sustainability initiatives firmly in the ACCC's sights
12 Apr 2023 | Article
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Cost of living, unfair practices and anti-competitive conduct as key ACCC compliance and enforcement priorities for 2023
8 Mar 2023 | Article
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ACCC recommends new measures for digital platforms to address “significant” harms
14 Nov 2022 | Article
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Time to get ready for unfair contract terms changes (and higher penalties too)
31 Oct 2022 | Article
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ACCC flags tougher standards for environmental claims in upcoming greenwashing sweep
21 Sep 2022 | Article
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Beware! Substantially higher penalties for competition and consumer law breaches are on the cards
19 Aug 2022 | Article
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Automotive snapshot: RVSA transitional period, regulators' priorities, General Safety Provision, automotive class actions
21 Apr 2022 | Article
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ACCC continues to push for merger reform following ex post review of completed mergers
17 Mar 2022 | Article
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Rod Sims' curtain call but the show goes on with announcement of ACCC 2022 enforcement priorities
4 Mar 2022 | Article
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Omnichannel retail: continuing challenges for anti-trust authorities
17 Feb 2022 | Article
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Digital Platform Services Inquiry: The road so far, and what to expect in 2022
20 Dec 2021 | Article
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Radical changes proposed to re-engineer Australian merger clearance process
30 Aug 2021 | Article
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Massive penalties, more contracts caught by exposure draft legislation for unfair contract terms reform open for comment
24 Aug 2021 | Article
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mHealth apps and Software as a Medical Device: Running at pace but beware the legal issues
5 Aug 2021 | Article
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Repairing consumer confidence: CHOICE report is a warning for the travel industry
5 Aug 2021 | Article
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Media Release: Clayton Utz Competition team helps Woolworths Group Limited get green light for PFD Food Services acquisition
17 Jun 2021 | Media Release
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Australian cartel immunity applicants ordered to disclose privileged internal investigation materials to defendants
24 May 2021 | Article
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Multi-jurisdictional joint statement on merger control: an inflection point in merger clearances?
13 May 2021 | Article
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Automotive snapshot: ACCC priorities, Dealer agreements, lemon laws and the right to repair, Road Vehicle Standards Act
6 May 2021 | Article
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Regulating the post-pandemic economy: the ACCC announces its 2021 enforcement priorities
4 Mar 2021 | Article
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ACCC recommends new fair trading laws in Australia's perishable agricultural goods markets
23 Dec 2020 | Article
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Media Release: Clayton Utz announces 1 January 2021 partner appointments
11 Dec 2020 | Media Release
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Supply chain finance and extended payment terms are under the regulatory microscope
10 Dec 2020 | Article
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ACCC announces new inquiry into power imbalances in perishable agricultural products in Australia
3 Sep 2020 | Article
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HealthEngine judgment: ACCC continues focus on privacy and collection and use of personal data
3 Sep 2020 | Article
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ACCC's 2020 priorities: Digital economy, construction, electricity and food suppliers all under the microscope
5 Mar 2020 | Article
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Location, location, location: ACCC sues Google over collection and use of users' location data
14 Nov 2019 | Article
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ACCC Customer Loyalty Schemes: Draft Report puts business on notice
19 Sep 2019 | Article
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ACCC's 2019 priorities: strong enforcement action with a focus on anti-competitive practices and consumer law penalties
28 Feb 2019 | Article
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ACCC seeks views on issues raised in Digital Platforms Inquiry Preliminary Report
13 Dec 2018 | Article
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Higher fines for competition law breaches, and more unlawful behaviour captured by Australia's cartel laws
29 May 2018 | Article
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Online distributors selling into Australia can be caught by the Australian Consumer Law, Court confirms
1 Feb 2018 | Article
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Harper reforms to Australian competition law in effect from today
6 Nov 2017 | Article
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Is the fine condign? First Australian criminal cartel conviction attracts heavy fine and possible double punishment
11 Aug 2017 | Article
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Groundbreaking Australian merger clearance - lessons from the Tatts/Tabcorp decision
22 Jun 2017 | Article
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